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Lowell CCJ - NO Directions Questionaire - Help

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  • Lowell CCJ - NO Directions Questionaire - Help


    Received a Claim form from Northampton CCBC from Lowell regarding a BT account.
    Aknowledged the Claim online
    Sent cpr 31.14 request
    sent defence online

    received copy of directions questionaire from lowell with a cover letter agreeing to mediation.
    I have not had a directions questionaire, I have logged into money clain.gov - should it come in the post?

    I have receieved from lowwells:

    We refer to the above matter and note the contents of your letter dated 3 January 2019.

    This matter relates to an agreement with BT Plc, relating to mobile number xxxxxxxxxxxx taken out on 28 March 2014. Your last payment of £38.00 was made on 23 October 2014 . As you failed to make further payments towards the balance outstanding of £373.92, the account was disconnected on 27 January 2015.

    Our client has requested a statement of the account from the original creditor and we are currently awaiting receipt of the same. As such, there may be a short delay in sending you this.

    In the meantime, please find attached a copy of the Notice of Assignment that was sent to you on 13 June 2017.

    The Deed of Assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information to which you are not entitled to see.

    Unfortunately our client, having taken assignment of the material debt, cannot obtain a copy of the agreement. Mobile airtime providers often do not retain these because they are not agreements for credit. As such, the Consumer Credit Act 1974 does not apply and they do not therefore anticipate having to produce them. However, in this case we believe that other evidence such as the Statement of Account requested from BT will be sufficient to satisfy the Court on the balance of probabilities that the agreement existed and that the debt is valid and due. If the matter proceeds to Court our client will therefore ask the Court to make a finding on that basis.

    Our client is keen to resolve this matter amicably and to avoid further legal action which would incur further costs and fees. Our client would, therefore, be willing to consider a reasonable payment proposal. If you wish to put forward a payment offer in order to avoid the matter going to hearing, we ask that you provide details of a reasonable total amount that you can pay, an instalment amount that is affordable to you and the date you would like payments to commence for our client to consider.

    If you are at all unclear please seek independent advice from a solicitor of your choosing.

    We look forward to hearing from you.

    Yours sincerely,

    Lowell, cannot obtain a copy of the agreement, but wish to use other docs?

    Also this was not a mobile contract it was for a land line.

    Help, thanks in advance
    Tags: None

  • #2
    BTW...........using the info on here, all ended well. Lowell gave up as they could not produce original agreement. Result


    • #3
      Good news ! And my sincere apologies for completely missing your post for the last seven months… Thank you for updating

      We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
      Hetty Bower

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